Volksgeist最新文献_第3页

Konsep Moderasi Pidana Mati RKUHP dalam Perspektif HAM dan Kepentingan Negara 从人权和国家利益的角度来看，刑法的适度概念

Volksgeist Pub Date : 2022-06-30 DOI: 10.24090/volksgeist.v5i1.6399

Triantono Triantono, M. Marizal

{"title":"Konsep Moderasi Pidana Mati RKUHP dalam Perspektif HAM dan Kepentingan Negara","authors":"Triantono Triantono, M. Marizal","doi":"10.24090/volksgeist.v5i1.6399","DOIUrl":"https://doi.org/10.24090/volksgeist.v5i1.6399","url":null,"abstract":"The debate over the imposition of the death penalty has long existed between the Abolitionists and Retentionists. The core problem of the debate is that the death penalty intersects with human rights and the interests of the state in maintaining public order. Indonesia, which chooses to apply the death penalty, cannot be separated from these two problematic aspects. This study aims to answer two problems: first, the death penalty debate in Indonesia including its historical aspects; second, the concept of middle ways (moderation) of the death penalty in the Draft of the Criminal Code (RKUHP). This is a normative legal research in which data are collected through library research on legal materials. The gathered data are analyzed in a qualitative description to answer the problems posed in the research. The results of the study show that the death penalty has become a part of the history of Indonesia due to the complexity of the legal system in Indonesia which is influenced by the Dutch, local custom, and Islamic legal systems. The concept of a middle way (moderation) of the death penalty in the RKUHP has placed the death penalty not as a principal penalty but is specific and alternative. Its implementation is also carried out after the probationary period. This is an interesting concept to bridge the death penalty debate in Indonesia. However, there are still problems related to changes to the death penalty, clemency issues, the length of delay in the death penalty and institutions that can amend the death penalty. In addition, there are also problems in determining the death penalty as a result of very serious crimes, because the indicators of most serious crimes have not been determined in a harmonious and consistent manner.","PeriodicalId":34760,"journal":{"name":"Volksgeist","volume":"9 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72572544","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Problematika Persidangan Perkara Pidana di Masa Kahar

Volksgeist Pub Date : 2022-06-30 DOI: 10.24090/volksgeist.v5i1.4629

Siti Sahara, Nurasyiah Nurasyiah, Liza Agnesta Krisna

引用次数: 0

Realizing Welfare State and Social Justice: A Perspective on Islamic Law 福利国家与社会正义的实现:一个伊斯兰教法的视角

Volksgeist Pub Date : 2022-06-30 DOI: 10.24090/volksgeist.v5i1.6430

Agus Riwanto, S. Suryaningsih

{"title":"Realizing Welfare State and Social Justice: A Perspective on Islamic Law","authors":"Agus Riwanto, S. Suryaningsih","doi":"10.24090/volksgeist.v5i1.6430","DOIUrl":"https://doi.org/10.24090/volksgeist.v5i1.6430","url":null,"abstract":"The function of the state in exercising power is to ensure social justice for its people. To make it happen, efforts are needed to explore the concept of statehood. In its development there are two concepts of statehood, namely the welfare state and liberal states or capitalism state. Both are different and tend to be contradictory. This article aims to study and explore about Maqashid As-shari'ah (the principles or purposes of Islamic law) in order to bridge the conflict between the two concepts of statehood. The method used is socio-legal research, which is legal research using interdisciplinary. Data is obtained from the library or library recearch. The results showed that the concept of the welfare state demands the role of the state in distributing socio-economic justice, while the concept of a liberal state marginalizes the role of the state in the distribution of socio-economic justice and submits to market mechanisms. In state practice the concept of a liberal state defeats the concept of a welfare state. As a result the function of the state shifted towards the market and turned its face into an inhuman capitalist economy. Islam can be used as a solution and bridge the conflict between the two concepts of statehood. By placing the politics of Islamic law based on the Maqasid asy-Shari'ah as the solution, namely putting the principles of shari'ah economy in the form of banning usury, prioritizing justice, togetherness and prudence which in practice can be a Shari'ah business, as reflected in Law Number 21 of 2008 concerning the Development of Shari'ah and the principle of good governance according to Shari'ah in the form of shiddiq (honest), istiqamah (firm in the establishment), fathanah (intelligence: ratio, taste and divinity), trust (accountability).","PeriodicalId":34760,"journal":{"name":"Volksgeist","volume":"28 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90831811","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Pengelolaan Sumber Daya Air Berbasis Kearifan Lokal Sebagai Modal Untuk Pembangunan Berkelanjutan 以当地资源为基础的水资源管理作为可持续发展资本

Volksgeist Pub Date : 2022-06-30 DOI: 10.24090/volksgeist.v5i1.6074

Annisa Weningtyas, Endang Widuri

{"title":"Pengelolaan Sumber Daya Air Berbasis Kearifan Lokal Sebagai Modal Untuk Pembangunan Berkelanjutan","authors":"Annisa Weningtyas, Endang Widuri","doi":"10.24090/volksgeist.v5i1.6074","DOIUrl":"https://doi.org/10.24090/volksgeist.v5i1.6074","url":null,"abstract":"Through local wisdom, indigenous peoples in Indonesia could survive the various water resource crises they face. This study aims to investigate the relationship between local wisdom and sustainable water resource management, as well as challenges to the existence of the local wisdom in managing water resources. This study implements normative legal research method, with a normative juridical approach. Data are collected from Law Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) and Law Number 17 of 2019 concerning Water Resources. The data are analyzed in a qualitative juridical manner. The results of the study conclude that UUPPLH and customary law have the same goal in providing protection for environmental management. Environmental issues should be addressed integrally, comprehensively, and holistically, so that technical aspects of operations, regulations, institutions, financing, and community participation are needed. In addition, preventive efforts are carried out through regional regulations as an elaboration and explanation of statutory regulations by taking into account the characteristics of each region; while repressive efforts in the context of enforcing environmental law require serious efforts by involving all law enforcement officers.","PeriodicalId":34760,"journal":{"name":"Volksgeist","volume":"78 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80996181","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Problematika Pembentukan Regulasi Indonesia Dalam Perencanaan Pembentukan Regulasi Dengan Perencanaan Pembangunan Daerah 印尼设立监管机构与区域建设规划的问题

Volksgeist Pub Date : 2022-06-30 DOI: 10.24090/volksgeist.v5i1.4973

Anggita Yudanti, Wicipto Setiadi

引用次数: 0

Penegakan Hukum terhadap PT Rayon Utama Makmur Akibat Limbah Tekstil yang Merugikan Warga 由于纺织品的浪费给人民带来了巨大的损失，对人畜最大的财产的执行

Volksgeist Pub Date : 2022-06-30 DOI: 10.24090/volksgeist.v5i1.6423

Widya Ayu Nirmala Sari

{"title":"Penegakan Hukum terhadap PT Rayon Utama Makmur Akibat Limbah Tekstil yang Merugikan Warga","authors":"Widya Ayu Nirmala Sari","doi":"10.24090/volksgeist.v5i1.6423","DOIUrl":"https://doi.org/10.24090/volksgeist.v5i1.6423","url":null,"abstract":"Based on the 1945 Constitution Article 1 paragraph 3, Indonesia is a state ruled by law since the constitution of Indonesia incorporated several legal systems. The law should be fair, impartial to those in power and not intimidate the weak. However, the law is often misused and traded for the interests of those in power. This study aims to find out how the law is enforced against PT Rayon Utama Makmur that has harmed local residents for causing environmental pollution as a result of the textile factory activities. Data are collected from literature. The theory used is the conflict theory of Karl Marx given that there was a conflict of interest between PT Rayon Utama Makmur and the local residents. The results of the study indicate that the law enforcement against PT Rayon Utama Makmur is still very weak. After being proven to have polluted the environment by dumping the factory waste into the river thus endangering the health of the residents, PT Rayon Utama Makmur did not receive any significant sanctions so that it did not cause a deterrent effect for the company. The weak law enforcement for PT Rayon Utama Makmur caused injustice for the residents. And that gradually triggered a conflict between the residents and the company.","PeriodicalId":34760,"journal":{"name":"Volksgeist","volume":"10 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82221533","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Perlindungan Hukum Terhadap Informasi Iklan Yang Menyesatkan 保护法律不受误导性广告信息的影响

Volksgeist Pub Date : 2022-06-30 DOI: 10.24090/volksgeist.v5i1.6184

Wahyudi Prabowo, Kurnia Tri Latifa, R. Puspandari

{"title":"Perlindungan Hukum Terhadap Informasi Iklan Yang Menyesatkan","authors":"Wahyudi Prabowo, Kurnia Tri Latifa, R. Puspandari","doi":"10.24090/volksgeist.v5i1.6184","DOIUrl":"https://doi.org/10.24090/volksgeist.v5i1.6184","url":null,"abstract":"This study aims to examine the existence of misleading advertising information reviewed from the law perspective as well as the role of the government in providing legal protection to consumers. This study implemented conceptual and legal approaches. The results of the research show that advertisement is stated to be misleading if it violates Article 9 of The Consumer Protection (UUPK). As for the legal consequences, the advertisment’s owners may be subject to administrative, criminal, civil, and additional penalties. Consumers who suffer from misleading advertising information receive preventive legal protection in the form of making legal rules that guarantee legal protection and supervision of customers. In addition, consumers also get repressive legal protection through the courts of the justice so that costumers can file claims to the court or through channels outside the court thant are managed by The Consumer Dispute Settlement Board (BPSK). Based on the research results, its concluded that forms of misleading advertisements are misleading, deceptive, omission, and puffery. Businesses that are dishonest in advertising their products will be subject to sanctions. The advertising legal protection is contained in the UUPK, KUHPer, and the 2020’s Amendment of Indonesian Pariwara Ethics.","PeriodicalId":34760,"journal":{"name":"Volksgeist","volume":"28 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89450741","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Interpretation of Public Figures in Indonesian Law Number 7 Of 2012 Concerning Handling Social Conflicts in The Perspective of Legal Certainty 从法律确定性的角度解读印尼2012年第7号法律中关于处理社会冲突的公众人物

Volksgeist Pub Date : 2022-06-29 DOI: 10.24090/volksgeist.v5i1.6402

Rayno Dwi Adityo

引用次数: 1

Pancasila Perspective on the Development of Legal Philosophy: Relation of Justice and Progressive Law 潘卡西拉法哲学发展的视角:正义与进步法的关系

Volksgeist Pub Date : 2022-06-29 DOI: 10.24090/volksgeist.v5i1.6361

Wawan Andriawan

{"title":"Pancasila Perspective on the Development of Legal Philosophy: Relation of Justice and Progressive Law","authors":"Wawan Andriawan","doi":"10.24090/volksgeist.v5i1.6361","DOIUrl":"https://doi.org/10.24090/volksgeist.v5i1.6361","url":null,"abstract":"The development of philosophical science spreads to aspects of the operation of law along with the dynamics of human civilization. However, this philosophical concept must be filtered with the essential values, including Indonesia. This is because the fusion of philosophical ideas with elements as stated in the state constitution of a nation must be interpreted and crystallized in various legal products issued by a government. This study aims to describe the Pancasila perspective on the development of legal philosophy in Indonesia and analyze the meaning of 'justice' from a progressive legal perspective. This research is legal research using a conceptual approach and legislation. The legal materials used in this research are primary legal materials and secondary legal materials. These two materials are considered to examine the legal issues raised in this research. The result of this study is that the philosophy of law in Indonesia is based on the precepts of all the principles in Pancasila. Pancasila is actually in line with the flow of legal philosophy, namely Sociological Jurisprudence. This departs from the three dimensions of Pancasila, which is oriented to give birth to harmony from the implementation of rights and obligations in every existing legal subject. Then, the concept of progressive law provides the view that Justice is more oriented as substantive Justice, not procedural Justice. This is because Justice is the essence of the law itself; so that Justice cannot be calculated mathematically, cannot be interpreted purely textually, or can only be said to be 'fair' when there are two people who have the same share as others.","PeriodicalId":34760,"journal":{"name":"Volksgeist","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90870624","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

Kajian Hukum Terhadap Efektifitas Perkuliahan di Tengah Pandemi Covid-19 在Covid-19大流行中研究大学教学成效的法律研究

Volksgeist Pub Date : 2022-06-29 DOI: 10.24090/volksgeist.v5i1.5137

Daud Rismana, Hajar Salamah Salsabila Hariz, Fenny Bintarawati

引用次数: 0